St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22

cost shall then be divided by the total OF esti-
mated benefits, as provided for III SUBDIVISION
five (5) OF this section. for the rate of cost on
| each one Cd dollar of benefits the AUDITOR not TO
| be obliged to carry out and use smaller frac-
ton than one a. tenth OF one ~ null null ,r rne
of land, and on each public or cor
porate road or railroads las hereinbefore pro-
| vided for) shall be multiplied by said rate and
the result set down in the proper column
opposite each of said tracts OF lands
public or corporate roads or rail,
shall be the amount that each of said tracts of
| lands, public or corporate roads or railroads,
will be liable to pay for such improvements
| SEC 49, Said statement, provided for in
section Is of this act, having been completed by
| the auditor, he shall sign and acknowledge the
same before officer authorized to take
| acknowledgements, which said signature shall be
Witnessed by two persons. The said statement
| shall then be recorded by the register OF deeds,
and posted upon the abstract books in his Office:
| if any such books are there OF the proper county,
| and the amount that each tract of land and the
| interest thereon, as hereinafter provided public
] or corporate road or railroad, will be liable TO
pay, shall be and remain lien on such lands
public or corporate roads or railroads, until
! fully paid. said payments TO be made as herein
after provided. And the filing of such state
| ment i'll said register of deeds office shall be
notice to all the world of the existence of such
| lien. And the fee of such register of deeds for
| such recording shall be paid by the county, on
| the allowance of the board of county commits
sioners, and said statement, after the same has
| been recol ded, shall be returned TO the county
auditor, TO be by him placed with the other
| papers relating to such ditch or ditches and
| carefully preserved by him.
SEC. 20. The amount that each tract of land,
| public or corporate road or railroad, shall nay
for the lccs ton, construction and establishment
| OF any ditch 7 ditch3s under the provisions or
this act shall bear interest from the date OF the
filing of the auditors statement in the register
of deeds Office at the rate of seven 10 per cent
| per annum until paid; and said interest shall
constitute an additional lien on said lands or
roads until fully paid, which said int est, w hen
| mid Shnt ha nv ia
SEC. 81. The payments of such liens shall be
made TO the county treasurer OF said county by
the owners, at any time, as follows, viz:
| One ID tenth of said principal with the in
| terest thereon on or before one % year.
One a. tenth OF same on or before two (2)
One % tenth of same on or before three ~
| years.
One ~ tenth of same on or before four ID
| years.
One ~ tenth of same on or before five (5)
years.
One % tenth of same on or before six (6)
| years.
One ID tenth of same on or before seven "a
years.
One ID tenth of same on or before eight ~
| years.
One % tenth of same on or before nine (9
years.
One ~ tenth of same on or before ten (1O)
years.
Provided, that if such payment or payments
are not made by the owners before the first Gav
of December next succeeding the date OF filing
the aforesaid statement in tine office of register
| OF deeds. and before the first day of December
! OF each succeeding year, until all OF such paw
| ments shall have been fully paid, then,
and in that case, the auditor shall enter
| said one ID tenth payment for said year against
| the said tract or lands on the tax lists OF the
county, a tax said tract, to become due and
payable, with the accumulated interest thereon,
and penalty of ten i10l per cent OF such pay
ment. and to be collected as all other taxes are
collected for said year on said lands: provided,
| that when full payment shall have been made on
| n ian q . n a
fact and the record of such certificate shall re-
| lease and discharge the same of record; pro-
| vided further, thai any person may pay the full
amount of said lien with accumulated interest.
| at any time.
| SEC o. All lands owned by this state, and
| all lands owned by any land company or railroad
company benefited by any such ditch, drain or
water course, shall he liable to pay and shall pay
tor such benefits. the same as owners of taxable
| lands.
! SEC 3d. All public or corporate roads or rail-
roads benefited shall pay the amounts taxed up
against them as follows: Whenever any public
| highway is benefited by such drain or ditch, the
| town which is by law charged with the duty of
keeping such highway in repair shall be assessed
with the amount of benefits accruing to such
| highway in said town by reason of said ditch or
| drain, and the same shall be paid out of the
| treasury of such town upon demand of the
! county auditor; and whenever any railroad or
| the lands OF any railroad company, is benefited
| by Sucn ditch or drain, such railroad rail-
road company shall be assessed it's just proper
| tions OF benefits. the same other lands bene-
| fitted are assessed, which assessments shall be
collected from such railroad corporation or COM
| pany in the same manner as personal taxes are
| collected by law. Or said liens against any such
/ company may be foreclosed by suit in the same
manner as provided by law for the foreclosure
| OF mortgage liens upon real estate by action.
SEC. "a Every person or corporation through
| whose lands any public ditch is constructed
shall be required to keep the same open, free and
clear OF all distractions upon his its premises,
| by him or it placed thereon, and in case of a
failure to do So shall be liable to pay all
/ of tyir,rr crtoh
| obstruction. person OIL corporation aggrieved
| by any such obstruction may make a sworn
| statement of the facts to the chair IAN of the
town supervisors OF the town wherein such OBJ
! struct1on exists, who shall proceed 70 examine
| the premises and inquire into the truth of the
| statement; and if he find the statement to be
| true, he shall Immediately notify the owner of
| the land on which such obstruction exists, to
| remove the same within n reasonable time, not
exceeding twenty 900 days: and if the owners
! SO notified fail to remove the obstruction, the
said chairman shall at once cause the same to be
removed at the expense of such owner and GER
tify such expense to the county auditor, who
| shall place the same, together with all fees and
other expenses in the case, on the tax duplicate
as an assessment upon the lands OF such person
or corporation, and the same shall be a lien upon
such lands, and shall be collected other taxes.
SEC. 70. After the construction of any such
work the town supervisors of such township in
which the same is, or any part thereof, shall
keep the same or such part thereof in proper re-
| pair and free from DISTINCTIONS so to answer
! It's purpose and pay for the same out of the
| general township 1unQ, ana &c raise the neceS-
sary money to reimburse that fund they shall
apportion and assess the costs thereof upon the
lands which will be benefited by such repairs
or removal of Instructions according to such
| benefits in their Judgment, They shall make a
statement of such assessment and deliver the
same to the auditor of the county, who shall
| put the same upon the succeeding tax duplicate,
and 1t shall be lien upon the lands, and be COL
lected in the same manner as state and county
taxes. The provisions OF this section shall also
apply to all works constructed for the purpose
| heretofore
force in this state. Ii they shall be Of the opin-
| ION that such assessment, or any part thereof,
ought to be charged to lands in other townships,
| the supervisors thereof SHALL on request, meet
with them at time and place by them ap-
| pointed, and they shall jointly make such as
sessments and certificates to the auditor of the
| proper counties. majority Of such supervisors
| as attend any such meeting shall have power to
| act and decide any question, and to make the
assessments and certificates: and upon fail
ure of any township supervisor to perform
section. after ten d0 days notice ,e
in writing to him by any person interested, he
| failure to perform his duty, to be recovered by
the person or persons so damaged. He shall
also be deemed guilty of midemeanor and on
conviction thereof fined not less than ten 1O)
nor more than fifty (50) dollars.
| SEC g. If any person shall willfully OBJ
struct any public ditch, shall willfully divert
the water from its proper channel, he shall be
| deemed guilty of misdemeanor, and upon con-
viction thereof shall be fined in any sum not
| less than five ($5) dollars nor more that fifty
| $500 dollars. and shall also be liable for any
| and ali damages accruing to any person or per-
| sons or corporation by such act.
| SEC. "a. The orders issued by the auditor to
viewers shall be served by the sheriff, and he
shall be paid by the county for such services
the same fees as he is allowed by law for similar
| services.
| SEC. %. The surveyor and engineer shall re-
celve the sum of four lS4) dollars per day for
| every day he is necessarily engaged in perform
| ing the duties REQUIRED of him by this act: the